Document MMp7V8DEOjMxkg8zZrDjb89Y9

Via Electronic Mail To: lee.nieves@maysochoa.com Ms. Lee Nieves Compliance Leader Mays Ochoa Mays Chemical Company of PR Road PR-869, St. 2 #515 Palmas Ward Westgate Industrial Park Catao, PR 00962 Re: Request for Information Pursuant to Section 114 of the Clean Air Act Reference No. CAA-02-2025-1410 Dear Ms. Nieves: The United States Environmental Protection Agency ("EPA") is investigating compliance with Section 112(r)(7) of the Clean Air Act ("CAA"), 42 U.S.C. 7412(r)(7), and the Chemical Accident Prevention Provisions, also known as the Risk Management Program Rule, published at 40 C.F.R. Part 68. This letter seeks your cooperation in providing information and documents relating to the Mays Chemical Company of PR's Mays Ochoa facility, located at Road PR-869, St. 2 #515 Palmas Ward, Westgate Industrial Park, in Catao, Puerto Rico (the "Facility"). EPA performed an inspection of the Facility on February 8, 2023 regarding compliance with these requirements, and at that time, the Facility's bleach plant was not in operation. This letter contains questions regarding the status of any operations at the Facility's bleach plant and whether any such operations are subject to, and in compliance with, the above-referenced requirements. Pursuant to Section 114(a) of the CAA, 42 U.S.C. 7414(a), the Administrator of EPA is authorized to require any person who owns or operates any emission source, or who is subject to any requirement of the CAA, to establish and maintain such records, make such reports, and provide such other information as he or she may reasonably require, for the purpose of determining whether such person is in violation of any provision of the CAA. As defined in Section 302(e) of the CAA, 42 U.S.C. 7602(e), the term "person" includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof. While EPA seeks your cooperation in this investigation, compliance with the Request for Information is required by law. When you have prepared your response to the Request for Information, please sign the enclosed "Certification of Answers to Request for Information," and return that Certification to EPA along with your response. Please note that false, fictitious, or fraudulent statements or representations may subject you to civil or criminal penalties under 18 U.S.C. 1001. In addition, Section 113 of the CAA, 42 U.S.C. 7413, authorizes EPA to pursue penalties for failure to comply with a Request for Information. The information you provide may be used by EPA in administrative, civil, or criminal proceedings. We encourage you to give this matter your immediate attention and request that you provide a complete and truthful response to the attached Request for Information within thirty (30) days of your receipt of this letter. Please contact Mr. Francesco Maimone, whose contact information is provided below, if you have concerns about your ability to respond to this Request for Information in a timely manner. Some of the information EPA is requesting may be considered by you to be confidential. Please be aware that you may not withhold the information upon that basis. If you wish EPA to treat the information confidentially, you must advise EPA of that fact by following the procedures outlined in the enclosed instructions, including the requirement for supporting your claim for confidentiality. Please note that if, after submitting your response, you obtain additional or different information concerning the matters addressed in this Request for Information, you must immediately turn over the additional or different information to EPA. This Request for Information is not subject to the approval requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520. See the enclosed Instructions for information on how to respond to the enclosed questions. Your response, preferably electronic, should be emailed to Maimone.Francesco@epa.gov or mailed to: Francesco Maimone, Physical Scientist Air Compliance Branch Enforcement and Compliance Assurance Division U.S. Environmental Protection Agency, Region 2 290 Broadway, 21st Floor New York, NY 10007 A copy of your response, preferably electronic, should be emailed to Jean Regna, Assistant Regional Counsel, at Regna.Jean@epa.gov or mailed to: Jean Regna, Assistant Regional Counsel Office of Regional Counsel U.S. Environmental Protection Agency, Region 2 290 Broadway, 17th Floor New York, NY 10007 If you have any questions regarding this Request for Information, or would like to discuss this matter with EPA, please contact Mr. Francesco Maimone at 212-637-4010 or by email at his email address above. Any questions from attorneys should be directed to Ms. Jean Regna, Assistant Regional CAA-02-2025-1410 Mays Ochoa Corporation 2 Counsel, at 212-637-3164, or by email at her email address above. We appreciate and look forward to your prompt response to this information request. Sincerely, Digitally signed by KATHLEEN KATHLEEN ANDERSON ANDERSON Date: 2025.03.11 15:24:53 -04'00' Kathleen Anderson, Director Enforcement and Compliance Assurance Division Enclosures cc: Jose Alsina, Emergency Coordinator (jose.alsina@maysochoa.com) CAA-02-2025-1410 Mays Ochoa Corporation 3 INSTRUCTIONS FOR RESPONDING TO REQUEST FOR INFORMATION 1. A complete and separate response should be given for each question. For each question contained in this letter, if information or documents responsive to this information request are not in your possession, custody, or control, please identify the person(s) from whom such information may be obtained. 2. Identify each answer with the number of the question and the subpart to which it responds. For each document produced in response to this Request for Information, indicate on the document, or in some other reasonable manner, the question to which it applies. 3. Provide responses to the best of your ability, even if the information sought was never put down in writing or if the written documents are no longer available. Consult with all present and past employees and agents who have knowledge of your Facility and whom you have reason to believe may be familiar with the matter to which the question pertains. 4. In answering each question, identify each individual and any other source of information (including documents) that were consulted in the preparation of the response to the question. 5. If additional information or documents responsive to this Request becomes known or available to you after you respond to this Request, EPA hereby requests pursuant to CAA Section 114 that you supplement your response to EPA. 6. If you have reason to believe that an individual other than one employed by you may be able to provide additional details or documentation in response to any question, state that person's name, last known address, phone number, and the reasons for your belief. 7. If a document is requested but not available, state the reason for its unavailability. To the best of your ability, identify the document by author, date, subject matter, number of pages, and all recipients of the document with their addresses. 8. If anything is omitted from a document produced in response to the Request for Information, state the reason for, and the subject matter of, the omission. 9. If you cannot provide a precise answer to a question, please approximate, but in any such instance state the reason for your inability to be specific. 10. Whenever this Request for Information requests the identification of a natural person or other entity, the person or entity's full name and present or last known address also should be provided. 11. The information requested herein must be provided even though you may contend that it includes confidential information or trade secrets. You may assert a confidentiality claim covering part or all of the information requested, pursuant to Section 114(c) of the CAA, 42 U.S.C. 7414(c). CAA-02-2025-1410 Mays Ochoa Corporation 1 If you make a claim of confidentiality for any of the information you submit to EPA, you must separately address the following points: a. the portions of the information alleged to be entitled to confidential treatment; b. the period of time for which confidential treatment is desired (e.g., until a certain date, until the occurrence of a specific event, or permanently); c. measures taken by you to guard against the undesired disclosure of the information to others; d. the extent to which the information has been disclosed to others, and the precautions taken in connection therewith; e. pertinent confidentiality determinations, if any, by EPA or other federal agencies, and a copy of any such determinations or reference to them, if available; and f. whether you assert that disclosure of the information would likely result in substantial harmful effects on your business' competitive position, and if so, what those harmful effects would be, why they should be viewed as substantial, and an explanation of the causal relationship between disclosure and such harmful effects. To make a confidentiality claim, please stamp or type "CONFIDENTIAL" on all responses and any related documents you assert to be confidential. Confidential portions of otherwise nonconfidential documents should be clearly identified. You should indicate a date, if applicable, after which the information needs no longer be treated as confidential. Please submit your response so that all non-confidential information, including any redacted versions of documents, are in one envelope and all materials for which you desire confidential treatment are in another envelope. All confidentiality claims are subject to EPA review. It is important that you satisfactorily show that you have taken reasonable measures to protect the confidentiality of the information and that you intend to continue to do so and that it is not and has not been obtainable by legitimate means without your consent. Information covered by such claim will be disclosed by EPA only to the extent permitted by Section 114 of the CAA and EPA's pre-disclosure notification procedures. If no such claim accompanies the information when it is received by EPA, then it may be made available to the public by EPA without further notice to you. EPA provides no assurances that all information that you assert as confidential business information will not be publicly disclosed. Any determination regarding public disclosure will be based on a review of the information and relevant countervailing factors. CAA-02-2025-1410 Mays Ochoa Corporation 2 DEFINITIONS 1. As used herein, the terms "Mays Chemical Company of PR," "Mays Ochoa," "Mays Ochoa Corporation," and "Company," refer to your company as it is currently named and constituted, but also to all predecessors in interest of your company and subsidiaries, divisions, and branches of your company. 2. The terms "document" and "documents" include any written, recorded, computer generated, or visually or aurally reproduced material of any kind in any medium in your possession, custody, or control, or known by you to exist, including originals, all prior drafts, and all nonidentical copies. 3. The term "Facility" means the Mays Ochoa Corporation facility, located in Catao, Puerto Rico. 4. The term "identify" means, with respect to a natural person, to set forth the person's name, present, or last known employer and business address and business telephone number, present or last known home address and home telephone number, and present or last known place of employment, job title, occupation, position, or business. 5. With respect to a corporation, partnership, business trust, association, State, Commonwealth, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States, or other association or business entity (including a sole proprietorship), the term "identify" means to provide its full name, address, and affiliation with the individual and/or entity associated with the Facility to whom this request is addressed. 6. The term "person" shall include any individual, firm, unincorporated association, partnership, corporation, trust, or other entity, individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof. 7. The term "Regulated Substance" means any substance listed in 40 C.F.R. 68.130, "List of substances," Tables 1 - 4. 8. The term "Threshold Quantity" means, with respect to a Regulated Substance, the quantity specified for such substance in 40 C.F.R. 68.130, Tables 1 - 4. 9. The term "you" shall include any officers, managers, employees, contractors, trustees, successors, assignees, and agents with knowledge of your Facility. 10. All terms not defined herein shall have their ordinary meaning, unless such terms are defined in CAA or its implementing regulations, in which case the statutory or regulatory definitions shall apply. CAA-02-2025-1410 Mays Ochoa Corporation 3 REQUEST FOR INFORMATION Company Information 1. a. State the correct legal name and mailing address of your Company. b. State the name(s) and address(es) of the President, the Chairman of the Board, and the Chief Executive Officer of your Company. c. If your Company is a subsidiary or affiliate of another corporation, or has subsidiaries, identify each such entity and its relationship to your Company, and state the name(s) and address(es) of each such entity's President, Chairman of the Board, and Chief Executive Officer. d. Identify the state and date of incorporation and the agent for service of process for your Company and each entity identified in your response to 1.c. above. Facility Information 2. Please provide the following information for the Facility: a. the name, address, and latitude/longitude coordinates of the Facility, and the mailing address, if different; b. the correct legal names of the Facility and its owner and/or operator; c. the name, title, business mailing address, and business telephone number of the Facility's supervisor, manager, or equivalent; d. a brief description of the Facility's operations; e. the number of employees currently employed at the Facility; f. the date operations commenced at the Facility; and g. the date operations ceased at the Facility, if applicable. Chlorine Bleach Plant 3. Indicate whether bleach is, or at any time since the EPA Inspection of February 8, 2023 has been, produced at the Facility. If yes, provide the date when bleach production began, and if operations have ceased, the date such operations ceased. CAA-02-2025-1410 Mays Ochoa Corporation 4 4. If the answer to Question 3 is yes, state whether chlorine for bleach production has been present at the Facility in a quantity exceeding 2,500 pounds, which is the Threshold Quantity for chlorine pursuant to 40 C.F.R. 68.130. If so, provide the following information: a. the earliest date when chlorine was first present at the Facility in quantities above 2,500 pounds; b. a timeline indicating dates in which chlorine was or is present at the Facility in quantities above 2,500 pounds; c. a list of chlorine container types in use (e.g., container, cylinder, storage vessel) and the capacity (in pounds) of each container type stored and/or used; d. the current amount of chlorine present, in pounds; for each container type; e. a list of the codes, standards, technical reports, guidance, and recommended practices addressing the design, inspection, testing, and preventative maintenance of the Facility regarding chlorine operations; and f. a copy of any Pre-Startup Review that has been performed for chlorine operations at the Facility. If a Pre-Startup Review has been started but not completed, provide a copy of any completed portions of the Pre-Startup Review, and a schedule for the completion of the Pre-Startup Review. 5. If the chlorine bleach plant is currently not in operation, but is expected to be in operation, provide the following information: a. the approximate date chlorine will be present at the Facility above the Threshold Quantity; and b. the approximate date bleach production will begin. General Information 6. For each question contained herein, if information or documents responsive to this Information Request are not in your possession, custody, or control, identify the persons from whom such information or documents can be obtained. CAA-02-2025-1410 Mays Ochoa Corporation 5 CERTIFICATION OF ANSWERS TO REQUEST FOR INFORMATION Commonwealth of: ______________________ I certify under penalty of perjury that I have personally examined and am familiar with the information and all documents submitted in response to EPA's Request for Information and based on my inquiry of those individuals immediately responsible for obtaining the information I believe that the submitted information is true, accurate, and complete, and that all documents submitted herewith are complete and authentic unless otherwise indicated. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I am also aware that I am under a continuing obligation to supplement my response to EPA's Request for Information, if any additional information relevant to the matters addressed in EPA's Request for Information or the response thereto should become known or available to me. Executed on _______________, 20__ ____________________________________ NAME (print or type) ____________________________________ TITLE (print or type) ____________________________________ SIGNATURE CAA-02-2025-1410 Mays Ochoa Corporation 6